JUDGMENT

KULENDI JSC.

INTRODUCTION

1. This is an appeal against the judgment of the Court of Appeal, Kumasi, Coram: Angelina M. Domakyaareh (JA), Alex B. Poku-Acheampong (JA), Samuel K.A Asiedu (JA) dated 29th June 2022, which overturned the Judgment of the High Court, Coram John Bosco Nabarese (J), dated 28th June, 2018.

THE APPELLANTS CASE :

1. The Appellant commenced the suit in his capacity as the Customary Successor of Asare Bossman (deceased) and Frank Brobbey (deceased), for and on behalf of his immediate maternal family. Per his writ filed on the 24th of February, 2012, he argued that, being descendants of the late Yaa Konadu of Techimantia, he and his immediate maternal family were entitled to a disputed plot of land described as Plot No. DR 14 Techimantia together with the buildings lying thereon.

2. In his writ, the Appellant asserted that the land was originally acquired by one Opanin Asasensere who during his lifetime, made a customary gift of same to his son, the late Frank Brobbey. According to the Appellant, Frank Brobbey in turn offered ‘aseda’ to Opanyin Asasensere in the presence of witnesses.

3. It is the Appellant’s case that Brobbey developed a part of the land, constructing a Boys’ Quarters and leaving the remainder undeveloped. Subsequently Frank Brobbey met his demise sometime in 1992. Having died intestate, his properties became family property and devolved to his immediate maternal family. The Appellant alleges that subsequently, one Asare Bossman, as customary successor, took over the control and administration of Frank Brobbey’s estate which comprised of the Boys Quarters and the undeveloped portion of the land. The Appellant contended that during his lifetime, the said Asare Bossman managed the property for and on behalf of the maternal family.

4. The Appellant further alleges that in time, Asare Bossman began constructing storerooms on the vacant portion of the land, claiming it was for the benefit of the family. The Appellant asserted that during his lifetime the said Asare Bossman was additionally tasked with oversight, management and control of the family’s cocoa farm at Bogoso, Wassa, for and on behalf of the family. When they enquired from him about the construction being undertaken on the land, he allegedly informed the Appellant’s family that he was putting up storerooms on the land with proceeds from the family’s cocoa farm at Wassa for the benefit and equal enjoyment of all